As the November 8, 2016 election deadline looms, marijuana legalization in one form or another is on the ballot in nine states throughout the nation. Seven states seek to expand what is already legal and two states seek to enter the medical marijuana field. Below is a list of what is on the ballot and
Department of Labor Issues Final Rule Requiring Federal Contractors to Provide Employees Paid Sick Leave
The U.S. Department of Labor recently released its final rule requiring federal contractors and subcontractors to provide their employees with paid sick leave each year. This rule implements Executive Order 13706, which President Obama signed in September 2015. The rule takes effect on November 29, 2016, though generally it applies only to new contracts that
Fast, Mandatory FLSA Mediation—Has Its Time Come?
In a development that may be of interest both to those who follow Fair Labor Standards Act (“FLSA”) developments and to those interested in mediation, the U.S. District Court of the Southern District of New York has mandated early mediation for all FLSA cases. The pilot program responds to the surge in FLSA case filings
No Valid Injury Needed for Workers’ Compensation Retaliation Claim
The Ohio Supreme Court recently held that employees need not prove they were actually injured on the job to prevail in a retaliation claim.
Employers should already be aware that, under Ohio law, they may not discharge or take punitive action against an employee for filing a workers’ compensation claim after sustaining an injury at
We Have Some Clarity
On September 20, 2016, the Supreme Court of Ohio adopted an amendment to the Ohio Rules of Professional Conduct that clarifies the ethical responsibilities for attorneys under Ohio’s new medical marijuana law (H.B. 523).
Previously, on August 5, 2016, in a non-binding advisory opinion, the Supreme Court of Ohio’s Board of Professional Conduct ruled that
21 States and Private Sector Groups File Texas Lawsuits Seeking to Stop the DOL’s New Overtime Rules From Taking Effect on December 1
With the clock counting down toward the December 1, 2016, effective date of the U.S. Department of Labor’s new overtime rules, officials from 21 states have stepped forward to try to stop the DOL in its tracks. In particular, on September 20, 2016, Texas Attorney General Ken Paxton, backed by 21 state officials from across
The Upper Midwest Continues to Fill the Gap Between the East and West Coasts on Paid Sick Leave
Since Connecticut’s 2011 passage of the first law requiring employers to issue paid sick leave benefits, over 30 states, counties, and cities — mostly on the East and West coasts — have enacted similar statues. These include Massachusetts, California, Oregon, Vermont, San Francisco, Seattle, New York City, and Philadelphia. Chicago and Minneapolis have also passed
The EEOC’s Enforcement Guidance Sanctions an Expanded View of Workplace Retaliation
Earlier this year, we reviewed the Equal Employment Opportunity Commission’s (“EEOC”) proposed enforcement guidelines regarding retaliation claims. After a 30-day comment period and input from approximately 60 individuals and organizations, on August 25, 2016, the EEOC released the final version of the Enforcement Guidance on Retaliation and Related Issues (“Guidance”). The Guidance comes nearly 20
Recent SEC Case Highlights Government Scrutiny of Severance Agreements
On August 10, 2016, the Securities and Exchange Commission issued a cease and desist order against BlueLinx Holdings, Inc. that further demonstrates the scrutiny of various federal agencies with respect to severance agreements.
In BlueLinx, the SEC found a provision in a severance agreement that restricted employees from providing information to the SEC without company
No Funding For Medical Pot Prosecutions
Since 2014, Congress has maintained an appropriations rider prohibiting the Department of Justice (“DOJ”) from using funds in relation to 33 named states and territories “to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.” Consolidated and Further Continuing Appropriations Act, 2015, Pub. L.